2022 Legislative Update 5

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This week was packed with action. The Legislature voted to override the Governor’s veto of congressional map “Ad Astra 2.” The largest private sector investment in Kansas history, APEX, passed. ABLE, a savings program, is now updated to meet federal regulations and allow for people with disabilities to save more money without losing benefits. A hygiene product tax exemption had a hearing, and a bill was introduced to update Kansas’s nondiscrimination policy.

On Monday a hearing was held in House Judiciary on the Clean Slate Bill, HB 2575. The hearing went very well with Wyandotte County District Attorney Mark Dupree and Kansas Legal Services Marilyn Harp fielding many of the questions. Jermaine Wilson, Mayor Pro Tem of Leavenworth, who had his record expunged 7 years ago, provided very personal, compelling testimony. The business community including KC Chamber John Jenks also provided testimony in support of HB 2575 consistent with their efforts on second chance hiring policies to help individuals with employment, housing and educational opportunities.

It was wonderful to visit with so many people who were at the Statehouse for a variety of legislative events. KCK Firefighters were in Topeka for the annual KSFFA BBQ and the Kansas State Council of Fire Fighters Legislative Reception. The KCK Chamber of Commerce presented at the delegation’s Tuesday luncheon. There were legislative events with the Kansas Realtors, Kansas Tourism, Groundwater Management Districts and Kansas Black Legislative Day at the Capitol. A highlight was spending time with students from Wyandotte High School (my alma mater) and Turner High School. The students were visiting legislators to talk about Jobs for America’s Graduates “JAG”.

Veto Override: Buckle in, Kansans. We're going to court.

On Wednesday, February 10, the House voted to override Governor Kelly’s veto of SB 355, the Ad Astra congressional map. The House Democrats unanimously voted to sustain the veto. The final vote was 85-39. You can watch the speeches   here.

What’s next? A court challenge is likely. Former U.S. Attorney General Eric Holder, echoing many House Democrats, said of the map, “Republicans diluted voices of the most populous and diverse region of the state for partisan gain.”

What the press is saying:

• “As legislators successfully overturn veto of Kansas Congressional maps, fight heads to the courts,” Topeka Capital Journal, 02/09/2022
• “Kansas Republicans advance new congressional maps. Democrats say the plan cheats voters,” KCUR, 02/09/2022
• “Kansas House completes override of Gov. Kelly’s veto of congressional redistricting map,” Lawrence Journal-World, 02/09/2022

Investing in the Future of Kansas

House Substitute for SB 347, also known as APEX, passed Tuesday, February 8 on an 80-41 vote. The project is considered a big achievement and is being called it the “biggest private sector investment in the state’s history” in a   press release. Kansas is one of two states competing for the mega-project.

The unnamed company is expected to invest $4 billion. APEX creates a refundable tax credit of up to 15% to be paid back over 10 years, payroll reimbursement of up to 7.5%, and a relocation incentive fund. A study by Wichita State University estimates that eventually the project may generate $2.5 billion annually in new economic activity, as reported by the   Kansas Reflector.

People With Disabilities Are Now ABLE to Save More

The House passed ABLE, Achieving a Better Life Experience, 118-3 on Wednesday. The bill amends a law governing the savings program to make it compliant with the federal Internal Revenue Code and regulations. It allows people with disabilities and their families to save private money without violating federal means-tested benefit requirements.

Staying Clean Could Get Cheaper

In the spirit of #AxeTheFoodTax,   HB 2461 exempts hygiene products from sales tax. The bill had a hearing  Monday, February 7 in the House Taxation committee.

If passed, the bill would cut the sales tax on antiperspirants, cotton swabs, dental floss, deodorants, diapers, menstrual cups, mouthwash, panty liners, sanitary napkins, shampoo, soaps and cleaning solutions, suntan lotions, suntan screens, tampons, toilet tissues and toothpaste. More items may be added through amendments during the legislative process.

Expanding LGBTQ Protections

HB 2665 was introduced to add gender identity or expression and sexual orientation to the KAAD, which provides housing, employment, and public accommodation protections for all Kansans. Currently, 21 Kansas cities include nondiscrimination protections for LGBTQ residents and visitors.

Other Legislation Passed by the House

• HCR 5023: Denouncing price gouging and market manipulation in the natural gas marketplace and supporting investigations into the extraordinary price increases of wholesale natural gas during the extreme cold weather event of February 2021. Passed the House 114-2.
• HB 2473: Removing the requirement that all district court judges in Douglas County serve on the board of trustees of the law library. Passed the House 121-0.

Legislation to Watch

• HB 2661: Authorizing a permanent memorial on statehouse grounds commemorating the Kansas suffragist movement.
• HB 2660: Directing the capitol preservation committee to develop and approve plans for a mural honoring the 1st Kansas (Colored) Voluntary Infantry regiment in the Civil War.
• HB 2671: Requiring statutory due process procedures for a school district's non-renewal or termination of a teacher contract.

This Week

• HB 2652: Continuing the governmental response to the COVID-19 pandemic in Kansas by extending the expanded use of telemedicine, the authority of the board of healing arts to grant certain temporary emergency licenses, the suspension of certain requirements related to medical care facilities and immunity from civil liability for certain healthcare providers, certain persons conducting business in this state and covered facilities for COVID-19 claims until January 20, 2023. Hearing scheduled for Monday, February 14th.
• HB 2585: Requiring all advance voting ballots be returned by 7 pm on election day. Hearing scheduled for Tuesday, February 15th.
• HB 2648: Requiring a criminal conviction for civil asset forfeiture, remitting proceeds from civil asset forfeiture to the state general fund and removing provisions making motor vehicles with altered vehicle identification numbers contraband. Hearing scheduled for Wednesday, February 16th.
• HB 2640: Creating a new process for criminal forfeiture of property with a value of less than $100,000 that is used in the commission of certain crimes or is proceeds derived from certain crimes. Hearing scheduled for Wednesday, February 16th.

ICYMI

• School voucher proposal is filled with hidden costs for students — and Kansas’ budget, State Treasurer Lynn Rogers,   Kansas City Star.
• Save the Turtles: The House Agriculture committee heard a   bill to protect the state reptile, the ornate box turtle
• Did you know? All committee hearings and chamber proceedings can be found on the Kansas Legislature’s YouTube page.

It is a special honor to serve as your state representative. I value and appreciate your input on issues facing state government. Please feel free to contact me with your comments and questions. My office address is Room 452-S, 300 SW 10th, Topeka, KS 66612. You can reach me at (785) 296-7430 or call the legislative hotline at 1-800-432-3924 to leave a message for me. You can also e-mail me at pam.curtis@house.ks.gov.

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